Roads and Traffic Authority of NSW v Time Road Express Pty Ltd [2007] NSWSC 93

New South Wales Supreme Court

CITATION : Roads and Traffic Authority of NSW v Time Road Express Pty Ltd [2007] NSWSC 93

HEARING DATE(S) : 13 February 2007

JUDGMENT DATE : 19 February 2007

JUDGMENT OF : Simpson J

DECISION : Order dismissing Court Attendance Notice set aside; matter remitted to Magistrate for further consideration; defendant to have certificate under s6 of Suitor's Fund Act 1951.

CATCHWORDS : APPEAL - Local Court Decision - Court Attendance Notice - heavy transport loading - breach of mass requirements - reasonable steps defence - start of journey

Crimes (Appeal and Review) Act 2001, s56, s59(2) LEGISLATION CITED : Road Transport (General) Act 2005, s56, s57, s87 Road Transport (Mass, Loading and Access) Regulation 2005, cl 8 Suitors' Fund Act 1951, s6

PARTIES : Roads and Traffic Authority of NSW - Plaintiff Time Road Express Pty Ltd - Defendant

FILE NUMBER(S) : SC 15724/06

COUNSEL : T Lynch - Plaintiff M Gelbert - Defendant

SOLICITORS : Hunt and Hunt - Plaintiff McGrath Dicembre and Co - Defendant

LOWER COURT JURISDICTION : Local Court

LOWER COURT JUDICIAL OFFICER : Mr Maloney LCM

LOWER COURT DATE OF DECISION : 16 October 2006

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DUTY JUDGE LIST

SIMPSON J

Monday 19 February 2007

15724/06 Roads and Traffic Authority of New South Wales v Time Road Express Pty Ltd

JUDGMENT 1 HER HONOUR: By summons filed on 23 November 2006 the plaintiff, the Roads and Traffic Authority of NSW ("the RTA"), appeals against an order made on 16 October 2006 by the Local Court at Sydney dismissing summary proceedings against the defendant (Time Road Express Pty Ltd), the subject of a Court Attendance Notice. The appeal is brought pursuant to the provisions of s56 of Crimes (Appeal and Review) Act 2001. By s59(2) of that Act, on such an appeal this Court is empowered either to set aside the order of the Local Court and make any other order it thinks fit, or to dismiss the appeal. The RTA seeks orders setting aside the order dismissing the proceedings, and remitting the matter for further consideration according to law. 2 At the conclusion of the argument, I indicated that I would make orders of the kind sought by the RTA. Since that entails a finding that the Magistrate erred in the approach he took to the proceedings at first instance, and remitting the proceedings to him to be determined according to law, it is necessary that relatively comprehensive reasons be given.